RAMKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition invoking inherent powers of this Court under Sec. 482 CrPC has been filed by the petitioner against the order dtd. 22/2/2023 passed by Special Additional Sessions Judge (Dacoity) Gohad District Bhind in Criminal Case No.35/2023 by which application under Sec. 451 of CrPC filed by the petitioner for Supurdginama of the articles has been dismissed.

(2.) Learned counsel for the petitioner submitted that the TIP of the aforesaid articles was conducted in which the petitioner has rightly identified the entire articles in front of the competent authority. Inspite of this fact, learned trial court passed the impugned order. The articles in question is in the custody of respondent since the date of its recovery, therefore, condition of article in question is deteriorating day by day or chances of its pilferage is at high risk. In such circumstances, it would be just and proper to release the said articles in favour of the petitioner.

(3.) On the other hand, learned State counsel opposed the prayer and submitted that the Court below has rightly rejected the application. He further submits that no palpable error on the face of record has been pointed out by learned counsel for the petitioner in the order impugned. Therefore, he prays for dismissal of the instant petition.